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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
November 24, 1958
Town Clerk
North Andover, Mass.
A meeting was held on Monday evening, November 10, 1958 at 7:45 PM
on the application of Rita Lada and Joseph Lada for a variation of
the requirements of Section 6, Paragraph 6.32 of the Boning By Law
so as to permit the erection of a new home on Lot 231 on a plan of
land entitled "Plan of Land in North Andover, Mass. , Nov. 3, 1958s
Joseph & Mita Lada Owner, D. J. McCracken, Surveyor", which plan
was filed with the petition and is made a part of this decision.
Present and voting were : Daniel T. O'Leary,, Chairman, Kenneth
Terroux, Secretary, Donald F. Smith, Robert Burke and William Morton,
Associate Me: ber designated by the chairman to sit in place of Henry
Lund, regular member who was absent.
There was evidence and the Board so finds th<<t the premises are in a
Country Residence Area as defined in the By-Laws, that the frontage
of said lot is fifty feet on the easterly side of Turnpike Street and
has an area of 6531 squre feet, more or less. The proposed building
is set back 30 feet from Turnpike Street and is 59.10 feet at the
shortest distance from the proposed building to the rear lot line.
However, the distance from the proposed building to the side lot lines
or eith ;r side is 10 feet.
Or., motion dL.l�r made and seconded, it was unanimously VOTED: Thr_t the
petitioners be given leave to withdraw their petition.
FEPZaSONS FGi. DECISION: The section emd paragraph under which the
petitioners have brought their petition is E_ .32 providing that no
building; shall be erected on a lot containinL l&ss than 25,000 square
eec, i.nci nul, less than 125 feet in width at the street front, AssuLn-
ing without deciding that the petitioners are entitled to the benefits
of Acts of 1958, Chapter 1.1.92, in which case a variance would not be
requirnci, L'_x--1 petitioners ;-lust obtain a variance from the provisions
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Of Section 7.22 regukbing a side yard space of 20 on either side.
The Bo-rd cannot grant a variance from the provisions of Section
7.22 without a proper application therefor by the petitioners and
without the necessary notice and hearing thereon.
Very truly yours,
BOARD OF APPEALS
Daniel T. O'Leary, Chairman
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TOWN OF NORTH ANDOVER
MASSACHUSETTS '
BOARD OF APPEALS
February 162 1959
John J. Lyons, Town Clerk
Town Building
North Andover, Mass.
Dear Sir:
This case came on to be heard on Monday, February 2, 1959 at
7 :30 PM at the Town Building before the Board of Appeals. Members
present and voting were : Daniel T. O'Leary, Chairman, Donald F.
Smith, Henry E. Lund and Charles H. Foster Jr. Associate Member.
The petitioners appeared for themselves and no one appeared in
opposition to the petition.
There was evidence and the Board finds that the petitioners were
the owner of the lot shown on the plan of land entitled,"Plan of
Land in North Andover Mass. Nov. 3, 1958, D. J. McCracken Surveyor".
The laud is a lot consisting of 50 foot frontage on Salm Turnpike
with side lines of 128.08 feet and 133.17 feet respectively. This
lot was originally laid out in December 1924 on a plan entitled,
"North Andover Hillside Plan". The plan was recorded with the
North District Registry of Deeds, Plan #597. The lot was of record
prior to the effective date of the Zoning By Law.
Under the provisions of Chapter 492 of the Acts of 1958, the petitioners
may lawfully build on this lot notwithstanding the requirements of
lot area or front line requirements of the Zoning By Law since the
lot has a frontage of 50 feet and an area of 6531 square feet more
or less.
The petitioners seek a variance so as to allow the erection of a
building with side lines of 10 feet on either side of the proposed
single family dwelling.
Upon motion duly made and seconded, it was unanimously voted that the
side line requirements of Paragraph 7.22 of the Zoning By Law be
varied.
REASONS FOR DECISION. The lot comes within the provisions of
Chapter 492 of the Acts of 1958. All lots in the immediate
vicinity of the lot in question are of 50 foot frontage. To
deny the petitioners the variance sought for would be in effect
to deny them the right to make use of their property for purposes
of a residence. This would result in a financial hardship to the
petitioners and the variance sought can be granted to the petitioners
without substantially derogating from the intent or purpose of the
Zoning By Law.
Very truly yours,
BOARD OF APPEALS
Daniel T. OlLeary, Chairman
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MASSACHUSETTS 1 E�<K
BOARD OF APPEALS
NOTICE OF DECISION
Date, February 9{ 19 59
Petition No.
Date of Hearing February 9, 1959
Petition of Rita & Joseph Lada
Premisesaffected East side of Turnpike Street - Lot 231
Referring to the above petition for a variation from the requirements of the
North Andover Zoning_byr Law
so as to permit the erection of a one family dwelligg
After a public hearing given on the above date, the Board of Appeals voted to GRANT the
VARIANCE and hereby authorize the Building Inspector to issue a
permit to Rita & Joseph Lada
for the construction of the above work, based upon the following conditions:
i
4igned:-
Mmirman
nonald F. Smith
Henry E. Lund
Charles H. Foster Jr. Assoc. Member
Board of Appeals
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